What are the Two Main Types of Child Custody?

When a couple decides that they no longer want to be married, they must make important decisions about property division, spousal support, and child custody.

Child custody is one of the most troubling aspects of divorce and not nearly as straightforward as the media portrays it. Custody battles do not automatically result in the mother being awarded custody of the child.

Child custody matters become more complicated when the parents are divorced, unmarried, or live far apart. This is why many parents considering divorce engage a New York child custody lawyer to guide them through any legal entanglements and fight for custody of their child.

Two Primary Types of Child Custody

Contrary to common assumption, New York family courts do not favor one parent over another based on gender, nor do they favor one form of custody over another.

In most child custody cases, there are two types of custody rights available: legal and physical.

Legal Custody

Legal custody is the type of custody in which a parent has the authority to make important decisions for the child, such as religion, schooling, and healthcare. In essence, this type of custody specifies which parent will make decisions for the child.

In many cases, if a New York family court believes that both parents should have an equal say in this matter, they may grant both parents joint legal custody. This is usually preferable when the parents have a functioning relationship with one another or a relationship that does not interfere with their decision-making regarding their children.

Physical Custody

The second type of custody is physical custody. This type of custody, as the name suggests, specifies where the child will live.

When one parent is granted sole physical custody, they have discretion over where the child lives as long as it allows for a visitation schedule by the parent who is not granted physical custody. On the other hand, joint physical custody is a common court judgment made when both parents live close to each other and can split time with their child.

When it comes to child custody during a divorce, there is no perfect solution. Similar to the reasoning behind the court's rulings on custody cases, parents addressing this issue should prioritize the option that allows the child to live a healthy lifestyle. This could mean that one parent has sole custody of the child or that both parents have joint legal custody of the child.

If you want to ensure that your child does not bear the brunt of the consequences of a wrong child custody decision, consult with a family court attorney in Queens, NY.

Legal custody and physical custody are both intricate areas of the law—and that is why deciphering the laws governing your case without the assistance of a New York attorney can be quite challenging. Only an experienced legal advocate should be trusted to properly inform you of your constitutional rights and help you obtain a favorable judgment while keeping your children's best interest at heart.

David L. Martin, Esq.​ has more than 33 years of experience in handling divorce and family law cases, with a great track record of winning cases.